On Wednesday a California-based federal magistrate judge ordered Noor Salman’s release, saying it was “debatable” whether the government has enough evidence to convict her.  On Thursday a federal circuit court judge ruled she should be kept in custody until details can be worked out.

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(NBC) A judge has granted prosecutors’ request to keep the wife of the Orlando, Florida, nightclub shooter in jail, at least for now.

U.S. District Judge Paul Byron in Orlando issued the order late Thursday.

The order states Noor Salman should stay in jail while the judge decides if she should remain in custody until her trial. She is charged with helping her husband scout out potential targets.

A day earlier, a federal magistrate judge in Oakland, California, ordered Salman’s release, saying it’s “debatable” whether the government has enough evidence to convict her. That judge ordered the release for as early as Friday.  (read more)

In their motion, prosecutors said there is a presumption in the law for Salman to be held in jail since the crime involves terrorism, and that prosecutors need not show anything more than an indictment to back up their request.

“Here, the defendant proffered evidence of her husband’s alleged abuse, the affidavits of friends and family, and her lack of overall danger in support of an argument that she does not constitute a flight risk or danger to the community,” the prosecutors said. “Such proffered evidence falls far short of justifying a finding in favor of release, particularly in light of the nature of the charged offense.”

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